Sep 6 2007 14:23 aq/ae/28e7 14:86 8589219186 DEPR PAGE 8/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. KERILEE W. DUFFY, Case No: 2003-006463 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint before the Construction Industry Licensing Board against Respondent, KERILEE W. DUFFY, and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG €062639. 3. Respondent's last known addresses of record are P.O. Box 945, Fernandina Beach, Florida 32035 and 1478 Fountain Drive, Fernandina Beach, FL 32034. 4. At all times material hereto, Respondent was licensed to do business as an individual only. 5. On or about January i, 2001, Respondent d/b/a Island Construction Management —— Services entered into a written contract with Betty Parris (“Complainant”) to consiruct a single family residence located at 1459 Fountain Drive, Fernandina Beach, FL 32034 (“the residence”). Sep 6 2007 14:23 aq/ae/28e7 14:86 8589219186 DEPR PAGE 9/12 6. At no time material hereto was Respondent registered with, or certified by, the Construction Industries Licensing Board as the licensed qualifier for Island Construction Management Services. 7. The contract price was $187,855.00, of which amount Respondent accepted $150,394.02, a. Respondent failed to include her contractor license number in the contract. 9. On or about May 1,.2002, the Nassau County Building Department issued building permit number B02-09613, by and through Respondent’s license, for the work to be performed pursuant to the contract with Complainant. 10. Work on the residence commenced on or about May 1, 2002 and continued until in or around November 2003, at which time construction ceased without just cause or notice to Complainant. 11. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. 12. Complainant spent approximately $20,000.00 to get the residence completed to the point where on or about March 9, 2004, the residence was granted a Certificate of Occupancy by the Nassau County Building Department. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 above as though fully set forth herein. 14. Section 489.119(6)(b), Florida Statutes, requires that the registration or certification number of each contractor appear on each offer of service, business proposal, bid, Sep 6 2007 14:23 O9/@6/ 2087 14:66 8589219186 DEPR PAGE 16/12 contract or advertisement used by that contractor or business organization in the practice of contracting. 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board., as here section 489.119(6)(b), Florida Statues. COUNT TH 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 above as though fully set forth herein. 17. Based on the foregoing, Respondent violated section 489.129(1)(f), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration. COUNT TI 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 above as though fully set forth herein. 19. Based on the foregoing, Respondent violated section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or conduct occurs when the contractor has abandoned the customer’s job and the percentage of completion is less that the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refiinds the excess funds within 30 days after the date the job is abandoned. Sep 6 2007 14:24 aq/ae/28e7 14:86 8589219186 DEPR PAGE 11/12 COUNT IV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 above as though fully set forth herein. 21. Based on the foregoing, Respondent has violated Section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reasons for termination, or fails to perform work without just cause for 90 consecutive days, COUNT. V 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 above as though fully set forth herein. 23. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Sep 6 2007 14:24 O9/@6/ 2087 14:66 8589219186 DEPR PAGE 12/12 sie Signed this 8 day of Jung , 2006. dias. Leas Lisa a me Assistant General Counsel COUNSEL FOR DEPARTMENT: Lisa Livezey Comingore Assistant General Counsel F ] L E D Department of Business and Department of Business and Professional Regulatlan Professional Regulation AGENCY CLERK Northwood Centre, Suite 60 1940 N. Monroe St. Tallahassee, FL 32399-0792 CLERK Soya 2 Woks ne Case #: 2005-006463 oate_1 74-2000 PC FOUND: June 27 oe : a 20 Division |: Kalmanson 3 Clark

Docket for Case No: 07-004029PL